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NOLAN v. HUGHES

No. 05-10-00481-CV.

349 S.W.3d 209 (2011)

Angela NOLAN, Appellant, v. Dennis HUGHES, Operating Under Assumed Name "Rolando's Mexican Grill" a/k/a "Rolando's Mexican Restaurant," Appellee.

Court of Appeals of Texas, Dallas.

August 29, 2011.

Attorney(s) appearing for the Case

Patricia Jenkins Matassarin , Canyon Lake, TX, for Appellant.

Randall G. Walters , Jason L. Wren , Walters, Balido & Crain, L.L.P., Mark E. Stradley , Stradley & Wright, P.C., Dallas, TX, for Appellee.

Before Justices MORRIS, MOSELEY, and FITZGERALD.

OPINION

Opinion By Justice MOSELEY.

This is an appeal of a summary judgment based on limitations. We consider: (1) whether the original petition of appellant, Angela Nolan, was sufficient to sue appellee Dennis Hughes even though it did not name him; or, in the alternative, (2) whether Nolan's amended petition, which did name Hughes, related back in time to the filing of her original petition. Because we answer both questions in the negative, we affirm the...

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